Unemployed, applying without spouse

[lampbreaker]

I don’t want to flip-flop between accompanying and non accompanying as I feel like it might be considered misrepresentation. And from @vensak’s latest response, it doesn’t sound like an option anyway.

Just out of curiosity, if my husband were to get GC initiated, would that be considered a valid reason? Though I’m not sure I’d proceed with EE at that point since I can work in the US.

It's not a flip-flop if you change your answers between EE profile and PR Application. You should not change anything after PR application is submitted.

US GC is completely separate. If you get US GC, then you cannot hold Canadian PR (US doesn't like it). Just applying for GC is fine though. Canada doesn't mind you keeping their PR as an option while apply for PR (GC) elsewhere. If both of you were born in India, getting US GC is pretty much going to take forever. You will see many people on this forum have obtained Canada PR because their US GC process is not going anywhere.

 

[canuck78]

No, there is no double taxation.

Should have explained that better. If your family lives in Canada but you don't your international income is still declared to CRA. Due to the tax treaty with the US you won't pay full Canadian taxes but could owe taxes on international income.

 

[canuck78]

The only problem with your plan is if H1B runs out and has not been sponsored yet he may get refused for a TRV and would have to go back to India and wait. Would explore soft landing. He can then return and work until H1B runs out and leave right away after H1B expires. By the time you gather forms and information and submit it could take a few months, then you will likely have to wait for an invitation since you are just on the margin of qualifying and then it may take 6 months to get approved. If you then sponsor it is 1 year on top of that.

 

[hopefulcan]

It's not a flip-flop if you change your answers between EE profile and PR Application. You should not change anything after PR application is submitted.

US GC is completely separate. If you get US GC, then you cannot hold Canadian PR (US doesn't like it). Just applying for GC is fine though. Canada doesn't mind you keeping their PR as an option while apply for PR (GC) elsewhere. If both of you were born in India, getting US GC is pretty much going to take forever. You will see many people on this forum have obtained Canada PR because their US GC process is not going anywhere.

I agree that GC would take forever. Husband prefers the US, so I was just curious. Thanks for your response.

 

[hopefulcan]

The only problem with your plan is if H1B runs out and has not been sponsored yet he may get refused for a TRV and would have to go back to India and wait. Would explore soft landing. He can then return and work until H1B runs out and leave right away after H1B expires. By the time you gather forms and information and submit it could take a few months, then you will likely have to wait for an invitation since you are just on the margin of qualifying and then it may take 6 months to get approved. If you then sponsor it is 1 year on top of that.

Thank you. We hope to be in the pool before the next draw; expecting my ECA next week. If we are willing to wait to sponsor, do you think applying alone is a good option? Would “spouse not willing to quit his job” qualify as a valid reason for not accompanying? And in case my application is refused, will I be able to start over and apply again?

Truly confused about what to do. @vensak, @hope2018, @lampbreaker could you weigh in as well?

 

[canuck78]

Thank you. We hope to be in the pool before the next draw; expecting my ECA next week. If we are willing to wait to sponsor, do you think applying alone is a good option? Would “spouse not willing to quit his job” qualify as a valid reason for not accompanying? And in case my application is refused, will I be able to start over and apply again?

Truly confused about what to do. @vensak, @hope2018, @lampbreaker could you weigh in as well?

Think you misunderstood my post. Not saying you would be refused. If you sponsor your spouse there may be a gap between the end of his H1B and when you get approval for spousal sponsorship if he is non-accompanying. He would need to apply to enter Canada as a visitor. Given that he will not be a visitor and is waiting for sponsorship he may have to wait in the US or India. That is why I am suggesting a soft landing so he can transition from H1B to Canada without problem.

 

[hopefulcan]

Think you misunderstood my post. Not saying you would be refused. If you sponsor your spouse there may be a gap between the end of his H1B and when you get approval for spousal sponsorship if he is non-accompanying. He would need to apply to enter Canada as a visitor. Given that he will not be a visitor and is waiting for sponsorship he may have to wait in the US or India. That is why I am suggesting a soft landing so he can transition from H1B to Canada without problem.

Thank you, I understand. Having a hard time getting my husband on board as he has hopes for US GC and says he’s willing to wait in India if it comes down to it :/

A couple of other members mentioned that my reasons for putting down spouse as not accompanying might not be considered valid and that people have been refused due to this. So I’m wondering if I might be refused and if a refusal will have any negative consequences.

I also assume I might be able to get him a visitor visa since he is not accompanying, so has reasons (job) to not overstay in Canada. Am I wrong?

 

[canuck78]

Thank you, I understand. Having a hard time getting my husband on board as he has hopes for US GC and says he’s willing to wait in India if it comes down to it :/

A couple of other members mentioned that my reasons for putting down spouse as not accompanying might not be considered valid and that people have been refused due to this. So I’m wondering if I might be refused and if a refusal will have any negative consequences.

I also assume I might be able to get him a visitor visa since he is not accompanying, so has reasons (job) to not overstay in Canada. Am I wrong?

Think you may be confused again. Likely they didn't declare that they were married at all. Often last minute wedding before landing or were living common law that is not declared so they can never sponsor their spouse. The wait for a GC for an Indian national is pretty long. Hopefully you have been in the US for a long time or seems unlikely.

 

[hopefulcan]

Think you may be confused again. Likely they didn't declare that they were married at all. Often last minute wedding before landing or were living common law that is not declared so they can never sponsor their spouse. The wait for a GC for an Indian national is pretty long. Hopefully you have been in the US for a long time or seems unlikely.

I guess I am confused.

Quoting from @vensak ‘s reply on page 1:
“Be aware, that they are looking into "reasons" why he does not want to live in Canada permanently, and 1 year of a temporary work permit in USA is not really a reason.

Some people got rejections as they did not believe it to be genuine, but just points strategy.”
@hope2018 also had similar thoughts.

I also saw a post by @DelPiero07 on a different thread where he seemed to suggest that even saying you removed spouse to increase points will not cause problems.

So now I’m not sure how my case would go, if I might be refused and/or banned from applying again or something. I’m sorry if I seem to be repeating myself. I’m just worried and trying to get answers/reassurance.

I do agree regarding US GC taking too long. My husband, however, is reluctant to let it go. And he’s not sure about leaving his job which he may have to do if we move to Canada. I do believe applying together simplifies the process and I’m trying to convince him to retake the IELTS. But I also want to get a PR soon as I want to go back to work. So I’m trying to see if applying alone would work for us.

 

[vensak]

I guess I am confused.

Quoting from @vensak ‘s reply on page 1:
“Be aware, that they are looking into "reasons" why he does not want to live in Canada permanently, and 1 year of a temporary work permit in USA is not really a reason.

Some people got rejections as they did not believe it to be genuine, but just points strategy.”
@hope2018 also had similar thoughts.

I also saw a post by @DelPiero07 on a different thread where he seemed to suggest that even saying you removed spouse to increase points will not cause problems.

So now I’m not sure how my case would go, if I might be refused and/or banned from applying again or something. I’m sorry if I seem to be repeating myself. I’m just worried and trying to get answers/reassurance.

I do agree regarding US GC taking too long. My husband, however, is reluctant to let it go. And he’s not sure about leaving his job which he may have to do if we move to Canada. I do believe applying together simplifies the process and I’m trying to convince him to retake the IELTS. But I also want to get a PR soon as I want to go back to work. So I’m trying to see if applying alone would work for us.

If the officer does not believe that your husband is a real non accompanying spouse and not because of the points he can recalculate your score with your husband.

When reading other post sometimes it is important to understand the context.

For example such step for somebody that has enough CRS with his or her spouse, will be far less damaging. Or for somebody that was previously rejected because of that reason (that the spouse was added and he or she did not have enough points).

 

[hopefulcan]

If the officer does not believe that your husband is a real non accompanying spouse and not because of the points he can recalculate your score with your husband.

When reading other post sometimes it is important to understand the context.

For example such step for somebody that has enough CRS with his or her spouse, will be far less damaging. Or for somebody that was previously rejected because of that reason (that the spouse was added and he or she did not have enough points).

Ah, I understand. Better safe than sorry! Looks like we’ll be entering the pool with 437 sometime in August. With any luck, I’ll be able to convince my husband to retake IELTS or maybe the CRS will go down (a girl can dream).

Anyway, thank you so much for your answers and patience. Glad I joined this forum

 

[canuck78]

Ah, I understand. Better safe than sorry! Looks like we’ll be entering the pool with 437 sometime in August. With any luck, I’ll be able to convince my husband to retake IELTS or maybe the CRS will go down (a girl can dream).

Anyway, thank you so much for your answers and patience. Glad I joined this forum

You really need to aim for over 440. Almost there!

 

[hopefulcan]

You really need to aim for over 440. Almost there!

Thank you! Hope we make it!

 

[hopefulcan]

Hello! Hope this isn’t spam. I wanted to thank everyone on this thread for all your help. Happy to say we managed to get to 441 in November and have our ITA now! Thanks for your advice and encouragement

 

[Naveenkhatkar]

Grt News ! .. Good luck for your future course of action !